Steven E. Brown, a Professional Law Corporation » Recent Cases http://www.federal-law.com Representing Federal Employees - EEO, MSPB, FECA, Disability Retirement Tue, 24 Aug 2010 18:10:00 +0000 http://wordpress.org/?v=2.9.2 en hourly 1 ECAB Orders Pay Reinstated For Federal Law Enforcement Officer http://www.federal-law.com/ecab-orders-pay-reinstated-for-federal-law-enforcement-officer http://www.federal-law.com/ecab-orders-pay-reinstated-for-federal-law-enforcement-officer#comments Wed, 16 Dec 2009 23:16:54 +0000 admin http://www.federal-law.com/?p=244 The Employee Compensation Appeals Board has ordered OWCP to reinstate the wage-loss compensation of a long time federal law enforcement officer who was injured in the line of duty.

His employer had offered him a temporary light duty assignment which his doctors had stated was outside of his physical capabilities. OWCP made an informal determination that he could do the job and cut off his benefits.

The ECAB ruled that before terminating wage loss benefits, OWCP has to find the offered light duty position suitable. It must then give adequate notice to the claimant of its finding and give him an opportunity to respond. It did none of those things in this case.

Therefore, the Board overturned the Office’s decision stating, “[t]he Office did not follow proper procedures to determine that the modified job offered to appellant was suitable.” It further stated, “The notice and termination decision in this case appear as abberations to established Office procedures and the well-defined precedent of the Board.”

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]]> http://www.federal-law.com/ecab-orders-pay-reinstated-for-federal-law-enforcement-officer/feed 0 ECAB rules that Rural Carriers are covered driving to work http://www.federal-law.com/ecab-rules-that-rural-carriers-are-covered-driving-to-work http://www.federal-law.com/ecab-rules-that-rural-carriers-are-covered-driving-to-work#comments Tue, 27 Oct 2009 22:32:15 +0000 admin http://www.federal-law.com/?p=191 The Employee’s Compensation Appeals Board has ruled that a rural carrier who was in a car accident on her way to work was in the performance of duty as she was driving the vehicle which she intended to use to deliver mail on the date of the accident. The accident resulted in the amputation of the carrier’s leg. The carrier’s employer, the USPS, had argued that she did not have express permission to use that specific vehicle on the day of the accident. ECAB found that even if the carrier had violated the policy on getting permission before using her vehicle, such a technical violation would not remove her from the performance of her duties. ECAB ordered the District Office of OWCP to accept the claim.
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]]> http://www.federal-law.com/ecab-rules-that-rural-carriers-are-covered-driving-to-work/feed 0 MSPB ORDERS OPM TO GRANT DISABILITY RETIREMENT TO SENIOR BORDER PATROL AGENT http://www.federal-law.com/mspb-orders-opm-to-grant-disability-retirement-to-senior-border-patrol-agent http://www.federal-law.com/mspb-orders-opm-to-grant-disability-retirement-to-senior-border-patrol-agent#comments Thu, 23 Oct 2008 18:04:02 +0000 admin http://www.federal-law.com/?p=168 The Merit Systems Protection Board has reversed the decision of an administrative judge who, after a hearing, sustained the denial of the disability retirement application of an 18 year veteran of the US Border Patrol. The employee was injured and subsequently put on administrative leave for the investigation of non-work related misconduct.

 

In denying the Agent’s initial application, OPM had stated that he had failed to show he was injured before he was placed on administrative leave. The Board ruled that the Office of Personnel Management  (OPM) should have considered whether the injured worker became disabled at any period during his employment, up to and including the period of time that he was on administrative leave.

 

The employee had introduced uncontested medical evidence showing that he had several herniated discs.  The Board found that the claimant had “presented an overwhelming body of consistent and competent medical evidence that corroborate[d] his subjective complaints, and [established] that his medical condition [was] incompatible with either useful and efficient service or retention in his former position” (Henderson v. OPM, Docket No. AT-844E-08-0071-I-1, August 4, 2008 at p.14).

 

The Board therefore directed OPM to approve the disability retirement application.

 

The full decision can be viewed here: decision-8-4-08

]]> http://www.federal-law.com/mspb-orders-opm-to-grant-disability-retirement-to-senior-border-patrol-agent/feed 0 Postal Service Board of Appeals http://www.federal-law.com/postal-service-board-of-appeals http://www.federal-law.com/postal-service-board-of-appeals#comments Mon, 18 Aug 2008 01:45:15 +0000 admin http://www.federal-law.com/?p=144 * Mike Noble and U. S. Postal Service, PSBCA No. 5046, (08/26/04) – Postal Service’s termination of postal contractor’s route contract for alleged default converted to termination for convenience, with liquidated damages awarded.

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]]> http://www.federal-law.com/postal-service-board-of-appeals/feed 0 Adverse Action (MSPB) Petitions for Enforcement http://www.federal-law.com/adverse-action-mspb-petitions-for-enforcement http://www.federal-law.com/adverse-action-mspb-petitions-for-enforcement#comments Mon, 18 Aug 2008 01:44:32 +0000 admin http://www.federal-law.com/?p=140 * Mark Bumblis v. Dept. of Navy, 2004WL1699502 (PERSONNET) (06/10/04) – Administrative Judge’s favorable recommendation to the Board that Navy Department had not returned employee to status quo ante after his termination was reversed.

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]]> http://www.federal-law.com/adverse-action-mspb-petitions-for-enforcement/feed 0 Attorney Fee (MSPB) Petitions http://www.federal-law.com/attorney-fee-mspb-petitions http://www.federal-law.com/attorney-fee-mspb-petitions#comments Mon, 18 Aug 2008 01:39:58 +0000 admin http://www.federal-law.com/?p=134 * L. O. vs. OPM, MSPB Docket No. DE-844E-07-0134-A-1 (issued 09/22/07) – attorney fees for disability retirement appeal granted, payable by OPM.

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* Carolyn Martinez v. OPM, (PERSONNET) (09/30/04) – attorney fees for disability retirement appeal granted, payable by OPM.

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* Mark Bumblis v. Dept. of Navy, (05/26/04) – attorney fees for adverse action appeal granted, payable by Navy Department.

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]]> http://www.federal-law.com/attorney-fee-mspb-petitions/feed 0 Federal Workers Compensation (OWCP) Cases http://www.federal-law.com/federal-workers-compensation-owcp-cases http://www.federal-law.com/federal-workers-compensation-owcp-cases#comments Thu, 31 Jul 2008 13:15:39 +0000 admin http://70.87.93.162/~fedlaw/blog/?p=89

Hamic v. USPS, OWCP decision dated 03/6/07 – retroactive monetary and medical benefits awarded from 11/2004 to present based on successful challenge of a Second Opinion medical report that had claimed our client had recovered from a 2002 work injury.

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Ronald ______ and Dept. of Navy, Port Hueneme, CA, OWCP decision dated 12/15/05 – retroactive workers’ compensation benefits of $56,000 plus ongoing benefits paid after successful appeal of improper benefit termination.

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Betty M. Brown, ECAB Docket No. 05-42 (issued 03/21/05) – temporary total disability restored after improper OWCP termination of benefits.Harlotte J. Clover, 2004 WL 3171810, ECAB Docket No. 04-767 (issued 12/16/04) – temporary total disability reinstated, retroactive four years, based on improper OWCP termination of benefits.
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* Charlotte J. Clover, 2004 WL 3171810, ECAB Docket No. 04-767 (issued 12/16/04) – temporary total disability reinstated, retroactive four years, based on improper OWCP termination of benefits.
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]]> http://www.federal-law.com/federal-workers-compensation-owcp-cases/feed 0 Successful EEOC Cases http://www.federal-law.com/successful-eeoc-cases http://www.federal-law.com/successful-eeoc-cases#comments Fri, 25 Jul 2008 00:51:52 +0000 admin http://70.87.93.162/~fedlaw/blog/?p=49 DISCRIMINATION [EEOC] CASES
Paul Loomis v. Michael Chertoff, Secretary, Dept. of Homeland Security, EEOC No. 340-2005-00070X (issued 09/27/06) – Transportation Security Administration’s termination of baggage screener’s federal employment for allegedly failing to properly screen golf bags at an airport is reversed by EEOC Administrative Judge, who orders TSA to reinstate the employee with all back pay, benefits, $45,000.00 in non-pecuniary compensatory damages, additional pecuniary damages, and attorney fees. The Judge found that TSA’s termination of this employee was in retaliation for his having filed a discrimination case over being denied promotions he had applied for.
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Konstantinos Dimitrelos v. Michael Chertoff, Secretary, Dept. of Homeland Security, 2005 WL 3090854, EEOC Appeal No. 01A54843 (issued 11/10/05) – Secret Service’s decision dismissing the employee’s disability discrimination complaint is reversed by EEOC’s Office of Federal Operations, which orders Secret Service to process the claim.
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* Wendy Hudek v. John Potter, Postmaster General, U. S. Postal Service, EEOC No. 340-2004-00171X (issued 09/26/05) – Letter carrier’s disability discrimination complaint upheld, resulting in a finding of discrimination and an award of $21,780 compensatory damages and $53,741 in reasonable attorney fees and litigation expenses.
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* Natalile Bush v. John Potter (U. S. Postal Service), EEOC Nos. 370-98-3257X, 340-98-4171X (10/24/03) – letter carrier’s complaint of sexual harassment and disability discrimination settled after 10-day EEOC hearing for six-figure cash amount.

]]> http://www.federal-law.com/successful-eeoc-cases/feed 0 Successful MSPB Cases. http://www.federal-law.com/adverse-action-mspb-appeals http://www.federal-law.com/adverse-action-mspb-appeals#comments Fri, 25 Jul 2008 00:20:01 +0000 admin http://70.87.93.162/~fedlaw/blog/?p=44 DISABILITY RETIREMENT (MSPB) APPEALS

Henderson v. OPM, MSPB Docket No. AT-844E-08-0071-I-1, August 4, 2008 – The Board overturned the initial decision of an administrative judge and directed OPM to grant disability retirement.

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L. O. vs. OPM, MSPB Docket No. DE-844E-07-0134-I-1 (issued 04/15/07) – disability retirement benefits for an air traffic control specialist awarded by MSPB Administrative Judge following a hearing, after the benefits had been denied twice by OPM.

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* Lisa A. Bennett v. OPM, MSPB Docket No. DC-844E-06-0520-I-1 (issued 07/05/06) – disability retirement approved before MSPB hearing after prior OPM denials.

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* Brian N. Peterson v. OPM, MSPB Docket No. CH-831E-06-0033-I-1 (issued 01/12/06) – disability retirement approved before MSPB hearing after prior OPM denials.

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* Gabriel Gonzalez v. OPM, MSPB Docket No. DE-844E-05-0140-I-1 (issued 03/23/05) – disability retirement approved before MSPB hearing after prior OPM denials.

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* Judy Calegari v. OPM, MSPB Docket No. SF-844E-05-0211-I-1 (issued 03/09/05) – disability retirement approved before MSPB hearing, after being denied twice by OPM.

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* Carolyn Martinez v. OPM, 2004WL1699514 (PERSONNET) (06/30/04) – disability retirement granted by MSPB after being twice denied by OPM. The employer, U. S. Postal Service, had placed Ms. Martinez in a rehabilitation position (video coding system technician), but despite this placement we proved that she nevertheless was unable to perform the duties of that job due to her neck and arm problems, and thus was entitled to disability retirement.

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ADVERSE ACTION (MSPB) APPEALS


Mark Griffin v. Dept. of Navy, 2004WL3087077 (PERSONNET) (11/26/04) – employee’s termination by Navy Department reversed by Administrative Judge based on violation of employee’s right to due process of law.

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Mark Bumblis v. Dept. of Navy, 2003WL22778928 (PERSONNET) (11/12/03) – The employer, a military facility, had fired Mr. Bumblis for allegedly being unable to perform his duties due to medical restrictions stemming from a back injury. We proved that certain job duties the Navy claimed were essential to the job were not, and that he was fired because his supervisors perceived him to be disabled.

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